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Howard Ball - A Defiant Life: Thurgood Marshall and the Persistence of Racism in America

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Thurgood Marshalls extraordinary contribution to civil rights and overcoming racism is more topical than ever, as the national debate on race and the overturning of affirmative action policies make headlines nationwide. Howard Ball, author of eighteen books on the Supreme Court and the federal judiciary, has done copious research for this incisive biography to present an authoritative portrait of Marshall the jurist.
Born to a middle-class black family in Jim Crow Baltimore at the turn of the century, Marshalls race informed his worldview from an early age. He was rejected by the University of Maryland Law School because of the color of his skin. He then attended Howard Universitys Law School, where his racial consciousness was awakened by the brilliant lawyer and activist Charlie Houston. Marshall suddenly knew what he wanted to be: a civil rights lawyer, one of Houstons social engineers. As the chief attorney for the NAACP, he developed the strategy for the legal challenge to racial discrimination. His soaring achievements and his lasting impact on the nations legal systemas the NAACPs advocate, as a federal appeals court judge, as President Lyndon Johnsons solicitor general, and finally as the first African American Supreme Court Justiceare symbolized by Brown v. Board of Education, the landmark case that ended legal segregation in public schools.
Using race as the defining theme, Ball spotlights Marshalls genius in working within the legal system to further his lifelong commitment to racial equality. With the help of numerous, previously unpublished sources, Ball presents a lucid account of Marshalls illustrious career and his historic impact on American civil rights.

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Other books by Howard Ball Changing Perspectives in Contemporary Political - photo 1

Other books by Howard Ball

Changing Perspectives in Contemporary Political Analysis

The Warren Courts Perceptions of Democracy

The Vision and the Dream of Justice Hugo L. Black

No Pledge of Privacy: The Watergate Tapes Litigation

Judicial Craftsmanship or Fiat:

Direct Overturn by the U.S. Supreme Court

Constitutional Powers

Courts and Politics: The Federal Judicial System

Compromised Compliance: Implementation of the 1965 Voting Rights Act

Controlling Regulatory Sprawl

Federal Administrative Agencies

Justice Downwind: Americas Atomic Testing Program in the 1950s

Of Power and Right: Justices Black and Douglas and Americas Constitutional Revolution

We Have a Duty: Watergate in the U.S. Supreme Court

Cancer Factories: The Tragedy of Americas Uranium Miners

The U.S. Supreme Court: From the Inside Out

Hugo Black: Cold Steel Warrior

Multicultural Education in Colleges and Universities

F RONTISPIECE Thurgood Marshall waiting to argue a case in Supreme Court ca - photo 2

F RONTISPIECE Thurgood Marshall waiting to argue a case in Supreme Court ca - photo 3

F RONTISPIECE : Thurgood Marshall waiting to argue a case in Supreme Court, ca. 1961. (Library of Congress)

Copyright 1998 by Howard Ball

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.

Published by Crown Publishers, Inc., 201 East 50th Street, New York, New York 10022. Member of the Crown Publishing Group.

Random House, Inc. New York, Toronto, London, Sydney, Auckland

www.randomhouse.com

CROWN and colophon are trademarks of Crown Publishers, Inc.

Library of Congress Cataloging-in-Publication Data

Ball, Howard, 1937

A defiant life : Thurgood Marshall and the persistence of racism in America / Howard Ball.
p. cm.
1. Marshall, Thurgood, 19081993. 2. United States. Supreme CourtBiography. 3. JudgesUnited StatesBiography. 4. Afro-AmericansCivil rightsHistory. I. Title.
KF8745.M34B35 1999
347.732634
[B]DC21 98-23031

eISBN: 978-0-307-77798-0

v3.1

For Thurgood Marshall:

I can remember my mother talking
about the Moses. It wasnt until I became
older that I realized the invisible angel
Marshall was.

S HELLY H ARVARD , A FRICAN A MERICAN H OUSEWIFE

CONTENTS

2 T HE R ISE OF THE NAACP AND C HARLIE H OUSTONS S OCIAL E NGINEERS 7 T - photo 4

2. T HE R ISE OF THE NAACP AND C HARLIE H OUSTONS
S OCIAL E NGINEERS
7. T HE S EGREGATION B ATTLES C ONTINUE AND THE C IVIL
R IGHTS M OVEMENT E MERGES
11. B AKKE AND THE A FFIRMATIVE A CTION B ATTLES: T HEY J UST
D ONT G ET I T!
12. P ROCEDURAL F AIRNESS AND S UBSTANTIVE J USTICE:
R EALITIES AND M YTHS
CHRONOLOGY OF A LIFE WELL LIVED

July 2 1908 Thurgood Marshall born Baltimore Maryland 1909 NAACP formed - photo 5

July 2, 1908Thurgood Marshall born, Baltimore, Maryland
1909: NAACP formed
1929Marries Vivian Buster Burey
1930Graduates from Lincoln University
1933Graduates from Howard Law School
193436Counsel, Baltimore Branch of the NAACP
193638Assistant Special Counsel to the NAACP
193840Special Counsel to the NAACP
194050Special Counsel, NAACP Legal and Educational Fund, Inc. 1944: Smith v. Allwright
1946Recipient of Spingarn Medal, NAACP
195061Director-Counsel, NAACP Inc Fund
1951Special Investigator, NAACP: Racism in Army, Korea and Japan
1954Brown v. Board of Education
February 1955Vivian Marshall dies
December 1955Marries Cecilia Cissy Suyat
196165Judge, U.S. Second Circuit Court of Appeals
196567U.S. Solicitor General
196791Associate Justice, U.S. Supreme Court
October 1, 1991Retires from U.S. Supreme Court
January 24, 1993Thurgood Marshall dies
ACKNOWLEDGMENTS

A great many people helped me in the researching and writing of this book The - photo 6

A great many people helped me in the researching and writing of this book. The librarians and staff of the following libraries and archival collections were generous with their advice and assistance: the Library of Congress Manuscript Division; the Harry S Truman Presidential Library; the Dwight David Eisenhower Presidential Library; the John F. Kennedy Presidential Library; and the Lyndon Baines Johnson Presidential Library. University library staffs also helped me in my discovery of Thurgood Marshalls life and professional career. These include the Moorland-Spingarn Archives at Howard University; the University of Kentucky archives; the Columbia University Oral History archives; and the University of Texas Law School library archives.

In support of my research on Thurgood Marshall and his times, the following organizations supported my research, and I am very grateful for their help: the University of Vermont (the Department of Political Science and its M.P.A. program, the College of Arts and Sciences, the Graduate School, and the Provosts Office); the Jacobson Fund at UVM; the John F. Kennedy Foundation (for selecting me as the 199697 Theodore Sorensen Fellow); the Harry S Truman Foundation; and the Dwight D. Eisenhower Foundation.

Once again I must thank two close friendsPhillip Cooper, the Gund Chair of Liberal Arts at the University of Vermont, and Thomas P. Lauth, Professor and Chair of Political Science at the University of Georgiafor their invaluable assistance, counsel, and friendship over the years. Three others must also be acknowledged for their help and advice to me as I worked on this book: Laryn Ivy was a student of mine at the University of Vermont who did some extraordinary work for me, including some very fine interviews with former Thurgood Marshall law clerks, while she was attending the Washington, D.C., Semester program at American University. She is a brilliant law student at the University of Virginia, and will be an outstanding legal advocate upon graduation. John Burke, a colleague of mine here at the University of Vermont, was another person who helped me a great deal, finding books for me to look at and helping me with my planning for the work at the presidential libraries. My friend and editor, Jim OShea Wade, has been enormously helpful in the final preparation of the manuscript.

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